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A 'reasonable person' is a legal fiction I'm pretty sure I've never met.
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Legal Definitions - real right
Definition of real right
A real right is a legal entitlement that a person holds directly over a specific *thing*, rather than against a specific person. This means the right is attached to an object itself, such as a piece of land, a building, or an item of property, and can be enforced against anyone in the world who might interfere with that object. It grants the holder direct power or control over the thing, regardless of who else might claim an interest in it.
Here are some examples illustrating a real right:
Ownership of a Vehicle
Imagine David purchases a new car. His ownership of the car is a real right. He has direct control over the vehicle; he can drive it, park it, lend it to a friend, or sell it. No one else can legally take possession of his car or claim it as their own without his permission. This right is effective against *everyone* – other drivers, potential thieves, or even a car dealership trying to repossess it without a valid legal claim. David's right is tied to the car itself, not just to the person he bought it from.
A Right of Way (Easement)
Consider a situation where Ms. Chen owns a plot of land that can only be accessed by crossing a specific path on her neighbor's property. A legal agreement, properly registered, grants Ms. Chen a permanent "right of way" across that path. This right of way is a type of real right, known as an easement.
The right is attached to Ms. Chen's *land* (the "dominant tenement") and burdens her neighbor's *land* (the "servient tenement"). It's not merely a personal agreement with the current neighbor. If the neighbor sells their property, the new owner is still legally obligated to allow Ms. Chen to use the path to access her land. This right is enforceable against *any future owner* of the neighbor's property, demonstrating its "real" nature as it pertains to the land itself, not just the individuals involved.
Simple Definition
A real right is a legal claim or interest in a specific piece of property, such as land or goods. It grants the holder direct power over the thing itself, making it enforceable against anyone who interferes with that property, rather than just against a particular person.